320.362. Violations, penalties.
Violations, penalties.
320.362. 1. A manufacturer, wholesaler, or other person or entitywho knowingly sells or offers for sale cigarettes, other than throughretail sale, in violation of section 320.353 shall be subject to a civilpenalty not to exceed one hundred dollars for each pack of such cigarettessold or offered for sale; provided that, in no case shall the penaltyagainst any such person or entity exceed one hundred thousand dollarsduring any thirty-day period.
2. A retailer who knowingly sells or offers for sale cigarettes inviolation of section 320.353 shall be subject to a civil penalty not toexceed one hundred dollars for each pack of such cigarettes sold or offeredfor sale; provided that, in no case shall the penalty against any retailerexceed twenty-five thousand dollars for sales or offers for sale during anythirty-day period.
3. In addition to any other penalty prescribed by law, anycorporation, partnership, sole proprietorship, limited partnership, orassociation engaged in the manufacture of cigarettes that knowingly makes afalse certification under section 320.356 shall be subject to a civilpenalty of at least seventy-five thousand dollars and not to exceed twohundred fifty thousand dollars for each such false certification.
4. Any person who violates any other provision of sections 320.350 to320.374 shall be subject to a civil penalty for a first offense not toexceed one thousand dollars and for any subsequent offense a civil penaltynot to exceed five thousand dollars for each such violation.
5. Whenever the state attorney general or the department discoversany cigarettes for which no certification has been filed as required bysection 320.356 or that have not been marked in the manner required bysection 320.359, such cigarettes shall be sequestered by the owner and notsold or transferred for fourteen days, wherein the state attorney generalmay file an action in a court of competent jurisdiction petitioning forinjunctive relief to enjoin the sale or offer for sale of such cigarettes.If the state attorney general does not file an action within fourteen days,the owner may lawfully sell the sequestered cigarettes.
6. In addition to any other remedy provided by law, the stateattorney general may file an action in a court of competent jurisdictionfor a violation of sections 320.350 to 320.374, including petitioning:
(1) For injunctive relief against any manufacturer, importer,wholesaler, retailer, or any other person or entity to enjoin such entityfrom selling, offering for sale, or affixing tax stamps to any cigarettethat does not comply with the requirements of sections 320.350 to 320.374;or
(2) To recover any costs or damages incurred by the state as a resultof such violation, including enforcement costs relating to the specificviolation and attorney's fees.
Each violation of sections 320.350 to 320.374 or rules promulgated theretoshall constitute a separate civil violation for which the state attorneygeneral may obtain relief. Upon obtaining judgment for injunctive reliefunder this section, the state attorney general shall provide a copy of thejudgment to all wholesalers to which the cigarettes have been sold.
(L. 2009 H.B. 205)Effective 1-01-11